Category Archives: Lawyer sanctions lying in court document

Tennessee lawyer disbarred for, inter alia, false and exaggerated time entries and making false statements in court under oath

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Tennessee Supreme Court opinion disbarring a lawyer for, inter alia, giving a false statement under oath, knowingly testifying falsely in a court proceeding, and seeking an unreasonable fee  The case is Tennessee Board of Professional Responsibility v. Loring Edward Justice, Case No. E2017-01334-SC-R3-BP.  The link with the July 2, 2019 SC opinion is here: https://docs.tbpr.org/justice-2254-sc-decision.pdf.

According to the opinion, the lawyer made false and exaggerated time entries when he submitted a request for more than $103,000 in legal fees for the time that he spent fighting Lowe’s Home Centers over a discovery violation.  The lawyer also claimed his paralegal’s work as his own and falsely stated that he had kept “contemporaneous records” of the time he spent in the underlying discovery dispute.  The lawyer also submitted a “grossly exaggerated” fee itemization that included work for which he was not supposed to be paid.

A federal district judge had ordered that the lawyer be paid for the time that he spent locating and deposing a store human resources manager as a sanction for the store’s failure to disclose the name in discovery.  After questions arose about Justice’s legal billings, including seventeen items described as attorney time which were identical or nearly identical to invoices submitted by the lawyer’s paralegal, the judge declined to award fees to the lawyer..  In addition, other billings in the lawyer’s fee itemization were found to be for tasks that were “completely unrelated” to the issues in the dispute.

A Board of Professional Responsibility hearing panel had recommended a one-year suspension rather than a disbarment and the lawyer, and the Board of Professional Responsibility appealed.  The hearing panel’s Findings of Fact and Conclusions of Law are here:  https://docs.tbpr.org/justice-2254-hp-judgment.pdf.

A judge assigned to hear the case later modified the suspension recommendation to disbarment, stating that the lawyer’s “intentional deceit” and “total lack of remorse” required disbarment.

The lengthy Supreme Court opinion stated that the evidence “furnishes an eminently sound factual basis for the hearing panel’s decision” and the judge’s modification of the sanction to disbarment.  In a footnote, the opinion stated that some of the lawyer’s arguments were “too outlandish to dignify with discussion”, including the argument that the trial judge’s given name illustrates bias. The footnote states: “Not only is this argument without merit, it is absurd.”  The opinion disbarred the lawyer.

Bottom line:  According to the very lengthy opinion, this lawyer apparently decided to fabricate his time, make false statements, and then continue to argue and claim that the fee was appropriate throughout the proceedings.  He and his lawyers also made arguments that were “too outlandish to dignify with discussion.”

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

 

 

 

 

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Federal magistrate sanctions New York lawyer for lying about family emergency after Instagram posts showed she was on vacation

Hello everyone and welcome to this Ethics Alert, which will discuss recent opinion of a U.S. District Court magistrate sanctioning a New York lawyer who claimed that she missed a deadline because of a family emergency but was apparently on vacation.  The case is: Siu Ching Ha v. Baumgart Café of Livingston, Civil Action No. 15-5530 (ES) (MAH), and the magistrate’s opinion is here:  Ha v. Baumgart Café of Livingston Instagram sanctions

The lawyer, Lina Franco, and her co-counsel, John Troy, filed for an extension of time to file 16 days past the deadline to file a motion for conditional class certification.  The lawyer said she had to leave the country for the family emergency and submitted a flight itinerary showing she had flown from New York City to Mexico City on Thursday, November 21, 2016 and stayed there until December 8, 2016.

Opposing counsel filed a motion objecting to the extension and for sanctions claiming that Instagram photos from Franco’s public social media account indicated that she was in New York and then Miami during that period.  Franco told the magistrate that she had gone to Mexico City earlier in November and that her mother’s medical diagnosis sent her “into a tailspin” that caused her to miss the deadline and submit an erroneous itinerary.

The magistrate found that “November 21, 2016 was indisputably a Monday, not a Thursday” and, although Franco was in Mexico City in early November 2016, she was apparently in New York City when she missed the Nov. 23, 2016 deadline to file a motion for class certification in a wage-and-hour suit.  The magistrate found that Franco deliberately had misled the court and her co-counsel and that her “misrepresentations to the court clearly constitute bad faith and were unreasonable and vexatious, not simply a misunderstanding or well-intentioned zeal.”   The magistrate granted the motion and imposed sanctions against Franco in the amount of $10,000.00.

Franco was local counsel in the lawsuit and her co-counsel, Troy, was admitted into the case pro hac vice. Troy told the magistrate that he had e-mailed the motion to Franco on the afternoon of the deadline and had expected her to file it and he was unaware of her alleged family emergency. He said he did not follow up with Franco to make sure the motion was filed because he had worked with her in the past and believed that she was reliable.

Both Franco and opposing counsel sought to have Troy held jointly and severally responsible for the sanction; however, the magistrate did not agree, stating that “(e)ven assuming, solely for the sake of argument, that Mr. Troy had a duty to supervise Ms. Franco and was somehow derelict in discharging that duty, such dereliction falls well short of the standard to impose sanctions”.  Opposing counsel requested $44,283.00 in attorney fees and costs; however, the magistrate found that amount to be “unreasonably high” and ordered sanctions in the amount of $10,000.00 to be divided among the three opposing counsel.

Bottom line:  This is a very clear example of a lawyer whose false statements in court documents and in a court proceeding were exposed because of social media posts, in this case Instagram.

Be careful out there in our digital social media world…oh and don’t lie and post pictures on social media exposing the lie.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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